Patents, Federal Rules of Civil Procedure, Intellectual Property Protection

The Price of “Sandbagging”: Judge McMahon Orders Sanctions Against Patent Plaintiff For Switching Damages Theory on Eve of Retrial

Patterson Belknap Webb & Tyler LLP on 12/3/2024

On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial...more

Show Me the Papers!: Judge Aaron Grants Motion to Compel Document Discovery from Third-Party

Patterson Belknap Webb & Tyler LLP on 9/18/2024

United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc. (collectively “Samsung”) to compel non-party Microchip Technology...more

Stick to the Pleading when Deciding Motion to Dismiss

McDermott Will & Emery on 4/3/2019

The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more

ITC Updates Its Rules of Practice and Procedure

Jones Day on 5/3/2018

Late last week, the International Trade Commission (“ITC”) finalized changes to its rules, which changes were first proposed in late 2015. The new rules are expected to be published in the Federal Register in early May 2018...more

Unique Venue and Personal Jurisdiction Challenges of Foreign Corporations

Foley & Lardner LLP on 3/14/2018

In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more

U.S. International Trade Commission Publishes Proposed Changes to Procedural Rules of Practice

Mintz - Intellectual Property Viewpoints on 9/29/2015

The International Trade Commission proposed a series of new procedural rules, which were published in the Federal Register on September 24, 2015. This blog post provides a summary of the more notable proposed changes to the...more